-Post arrest bail, grant of--Allegation of--Charas weighing 1360 grams recovered--The petitioner was found carrying, charas weighing 1360-grams at time ...........

 PLJ 2024 Cr.C. (Note) 282
[Lahore High Court, Lahore]
Present: Asjad Javaid Ghural, J.
KHALIL AHMAD--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 37985-B of 2024, decided on 4.7.2024.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(1)(3)(c)--Post arrest bail, grant of--Allegation of--Charas weighing 1360 grams recovered--The petitioner was found carrying, charas weighing 1360-grams at time of his arrest--The investigation in this case is complete and physical custody of petitioner is not required to police anymore for further investigation--The petitioner is behind bars for last more than 04-% months without any substantial progress in conclusion of trial and there seems no prospect of its conclusion in near future--Law Officer, on instructions, states that petitioner has antecedent of two criminal cases but concedes that trial in both said cases is in progress and he has not been convicted therein--In attending circumstances, no useful purpose would be served by keeping petitioner behind bars for an indefinite period as a measure of advance punishment--Bail allowed.     [Para 4] A

Mr. Javaid Iqbal Malik, Advocate for Petitioner.

Ch. Muhammad Ishaq, Addl. P.G. for State.

Date of hearing: 4.7.2024.

Order

Through this petition under Section 497, Cr.P.C. petitioner Khalil Ahmad has sought post arrest bail in case FIR No. 163/23 dated 13.02.2023, in respect of offence under Section 9(1)(3)(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station, Qila Deedar Singh District Gujranwala.

2.       Precisely, the allegation against the petitioner was that on 13.02 at about 01:05 p.m. he was apprehended by the police party being a suspected person and upon his personal search. Charas weighing 1360-grams was recovered from the shopper bag being held by him. Hence, this case was registered.

3.       I have heard learned counsel for the petitioner, learned Law Officer appearing for the State and perused the record.

4.       Allegedly, the petitioner was found carrying, charas weighing 1360-grams at the time of his arrest. The investigation in this case is complete and physical custody of petitioner is not required to the police anymore for further investigation. The petitioner is behind the bars for the last more than 04½ months without any substantial progress in the conclusion of trial and there seems no prospect of its conclusion in near future. Learned Law Officer, on instructions, states that the petitioner has antecedent of two criminal cases but concedes that the trial in both the said cases is in progress and he has not been convicted therein. In the attending circumstances, no useful purpose would be served by keeping the petitioner behind the bars for an indefinite period as a measure of advance punishment.

In view of what has been discussed above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs100,000/- (rupees one lac) with one surety in like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail granted

Post a Comment

0 Comments

close